Starting early is vital to give your lawyer enough time to build a strong case and start your lawsuit before the deadline. If you delay starting your lawsuit until after that, you cannot receive compensation through the court. The statute of limitations for personal injury cases in Philadelphia is two years from the date of the injury. If you’re using it, a different deadline applies. There is a maximum deadline of 120 days from when you knew your injury was work-related.Īfter that, you have three years to file your claim for workers’ compensation benefits, though most people file far sooner than this deadline because they need the money for care. If you were hurt on the job, you must report it as soon as possible to your employer. There are deadlines for starting both workers’ compensation and lawsuits before the state bars you from seeking compensation. If it is 50% or more, you could lose all rights to compensation. If they can persuade the judge and jury, your compensation could get reduced by the percentage of fault you shared in the accident. The insurers may try to argue that you had responsibility for the accident. To make a strong case, you need the help of an accident attorney. Philadelphia has no limits on damage caps, so your maximum compensation is limited only by the evidence and the policy amounts of the insurance. Since your accident happened outside of the domain of workers’ compensation, you have full rights to sue the driver and their employer for all eligible damages. If this is your situation, then a forklift accident attorney in Philadelphia can help you file a personal injury lawsuit. Sometimes bystanders get tangled up in forklift accidents. Not all forklift accidents happen to a worker on the clock. Another example is if the manufacturer of the forklift or one of its parts had a defect. The owner of the building your employer uses may have been negligent about maintenance and created a hazard for forklifts. You can recover all the damages that workers’ compensation doesn’t cover, but you have to prove that the third party’s negligence caused your injury.Ī premises liability case is one example where a third party could be sued. While you usually can’t sue your employer, you can sue a third-party lawsuit. Where a forklift accident attorney in Philadelphia can really help is if you need to file a third-party lawsuit. Workers’ compensation may not require a lawyer’s help, though it can be vital if your claim is denied or you want to ensure your claim documents are strong. Philadelphia Forklift Accident Lawyer Near Me 87 Where Does a Lawyer Come In? For example, if there is a clear record of negligence on the maintenance of a forklift and a refusal by your employer to repair it despite the dangers, you can sue them. The exception to suing your employer is if they engaged in intentional negligent conduct. You can’t recover all of your lost wages or any pain and suffering. However, workers’ compensation only covers part of your damages. You can often get compensation much faster this way than through a lawsuit. Workers’ comp lets you get compensation without having to prove fault. Instead, the workers’ compensation system pays for damages caused by workplace accidents. It’s tempting to consider suing your employer if you’ve been injured in a forklift accident, but workers are usually prohibited from suing their employers. Can I Sue My Employer for my Forklift Accident? You may get compensation through workers’ comp, but getting the full value of your claim may require the help of a forklift accident attorney. If you’ve been the victim of a forklift accident, chances are you’re facing severe injuries. They’re just as dangerous as a commercial truck. Rollover accidents are a major cause of forklift fatalities. Some can lift over 150,000! It doesn’t take much imagination to see that colliding with a loaded forklift can easily crush someone.Ī falling load can harm drivers and nearby workers, and a too-tight turn can make a forklift roll over and trap the driver. Even a small forklift can carry a 3,000 pound load. The Risks of Forklift Accidentsįorklifts lift heavy loads on pallets on and off shelves and through the corridors of warehouses. Our Philadelphia forklift accident lawyers at Morelli Law can help you get it. You need to know your legal options after a forklift accident because you may be owed compensation. Many times the injuries are so severe that a victim could be permanently disabled or get killed. Unfortunately, we don’t live in a perfect world.įorklift accidents happen all the time. In a perfect world, workers would use these safely and bystanders would stay well clear of these heavy machines. Anyone who has a forklift certification has taken courses on how dangerous a forklift can be at work.
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